The fact that the Supreme Court has asked the Obama Administration (via the Office of the Solicitor General) to comment on Google’s application for certiorari in Oracle v. Google* has focused renewed interest on this case – not that it needs it. The case, if the Supreme Court accepts it, could be a replay of Lotus v. Borland, an important software copyright case the Supreme Court tried but failed to decide in 1996, when the Court deadlocked 4-4 (one justice abstaining).
… Read the full article*Note: For detailed procedural and substantive back ground on this case see these earlier posts: How Google Could Lose on Appeal; Oral Argument in Oracle v. Google: A Setback for Google?; CAFC Reverses Judge Alsup – Java API Declaring Code Held Copyrightable; Google Rolls the Dice, Files Cert Petition in Oracle Copyright Case. I also made a presentation to the Boston Bar Association on this case before the CAFC decision, slides here.
I am a founder and currently Senior Counsel at the Boston law firm of Gesmer Updegrove LLP. This blog focuses on my practice areas, intellectual property and business litigation.